Declaration Of Title - Law Dictionary Search Results
Home Dictionary Name: declaration of titleDeclaration of title
Declaration of title. Obtainable by action in a case where an invasion of title is apprehended, and the party threatened wishes to proceed under a title validated by judicial decision. See R.S.C. Ord. XXV., r. 5....
For
For, the expression 'for' occurs twice in the opening part of the clause17(ii) of the Court-Fees Act. Evidently the expression 'for' when it occurs for the first time means 'for obtaining a decree ordering (payment or recovery for). A decree for declaration of title to money or other property is not a decree for money or other property. The expression 'decree for money or other property' means only a decree for recovery of money or other property. It does not include a decree concerning title to money or other property, State of Uttar Pradesh v. Ramkrishan Burman, AIR 1971 SC 87: (1970) 1 SCC 80: (1970) 2 SCR 588.'For' used with the active participle of a verb means 'For the purpose of' (See judgment of Westbury C., 1127) 'For' has many shades of meaning. It connotes the end with reference to which anything is done. It also bears the sense of 'appropriate' or 'adapted to'; 'suitable to purpose'; vide Black's Legal Dictionary, Indian Chamber of Commerce v. C.I.T., AIR 1976 SC 348: (1976...
Decree for money or other property
Decree for money or other property, a 'decree' for declaration of title to money or other property is not a decree for money or other property. The expression 'decree for money or other property' means only a decree for recovery of money or other property. It does not include a decree concerning title to money or other property, State of Uttar Pradesh v. Ramkrishan Burman, (1970) 1 SCC 80: AIR 1971 SC 87 (89). [Court-fees Act, (7 of 1870), s. 7(iva)(UP)]...
Peace, Bill of
Peace, Bill of. This equitable remedy sought repose from perpetual and needless litigation, and protection from a multiplicity of suits, either by establishing and perpetuating a right which the plaintiff claimed and which, from its nature, might be controverted by different persons at different times and by different actions; or where separate attempts had already been unsuccessfully made to overthrow the same right, and justice required that the plaintiff should be quieted in the right if it was already, or if it should be thereafter, established under the direction of the Court. See Sheffield Waterworks v. Yeoman, (1866) LR 2 Ch 8; Kerr on Injunctions.The results obtained by this bill would now generally be obtained by an action in the High Court for a declaration of title and an injunction. See A.P. notes to (English) R.S.C., Ord. XXV., r. 4....
trust
trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property b : an entity resulting from the establishment of such a relationship see also beneficiary, cestui que trust, corpus declaration of trust at declaration, principal, settlor NOTE: Trusts developed out of the old English use. The traditional requirements of a trust are a named beneficiary and trustee (who may be the settlor), an identified res, or property, to be transferred to the trustee and constitute the principal of the trust, and delivery of the res to the trustee with the intent to create a trust. Not all relationships labeled as trusts have all of these characteristics, however. Trusts are often created for their advantageous tax treatment. accumulation trust : a trust in which principal and income are allowed to accumulate rather than being paid out NOTE: Accumulation trusts are disfavored and often restricted...
deed
deed 1 : something done : act [my free act and ] 2 : a written instrument by which a person transfers ownership of real property to another see also deliver, grantee, grantor, recording act, registry, title compare certificate of title NOTE: A deed must be properly executed and delivered in order to be effective. Additionally, the grantor must have freely intended to make the transfer at the time of the conveyance. Deeds are recorded at the local registry of deeds to give notice of ownership. bargain and sale deed 1 : a contract resulting from a bargain between a buyer and a seller of real property that creates a use in the buyer and therefore transfers title to the buyer by operation of law 2 : a deed in which the grantor makes no warranties of title to the grantee deed of trust : an instrument securing a debt in which a debtor conveys the legal ownership of real property to a trustee to be held in trust for the benefit of the creditor or to be sold upon the debtor's defaul...
Ejectment
Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Transubstantiation
Transubstantiation, 'the change of the substance of the Bread and Wine in the Supper of our Lord' (Art. 28 of the Thirtynine Articles of Religion); 'a conversion of the whole substance of the Bread into the Body and of the whole substance of the Wine into the Blood, which conversion the Catholic Church calls Transubstantiation.'-Creed of Pope Pius IV., founded on Ch. iv., sess. xiii., of the Council of Trent.Declaration against Transubstantiation.-A Declaration (commonly called the 'Declaration against Transubstantiation') was required of all members of either House of Parliament in 1678, by 30 Car. 2, st. 2, c. 1, with the effect of disabling Roman Catholics from sitting in either House till the passing of the Roman Catholic Relief Act of 1829 (10 Geo. 4, c. 7).Declaration by each new Sovereign.-Both the Bill of Rights (1 W. & M. sess. 2, c. 2), and the Act of Settlement (12 & 13 Wm. 3, c. 2), by an incorporation, by reference only, of 30 Car. 2, st. 2, c. 1 (of which 'so much as is u...
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